Employee leave in China cannot be managed accurately through one general paid-time-off balance.
Annual leave, public holidays, sick leave, maternity leave, family-related leave, marriage leave, bereavement leave, and work-injury leave have different eligibility, documentation, pay, and employment-protection rules.
Some entitlements are established nationally. Others depend on the employee’s province, municipality, work location, or company policy.
Employers should therefore classify the leave first, verify the applicable rule, collect supporting documents, and send the correct information to payroll.
Legal-source update (November 3, 2026): Leave entitlements and payroll treatment vary by leave type and location. For Shanghai sick leave, the cited 1995 wage-percentage notice expired on August 15, 2026; employers should verify the replacement/current applicable basis rather than use an outdated table.
Employee Leave in China: Quick Overview
The following is a quick reference for employers—not a nationwide table of fixed entitlements. City and provincial rules, employee eligibility and the applicable leave system must be checked before payroll is finalized.
| Leave type | Employer starting point | What to verify locally |
|---|---|---|
| Public holidays | National statutory holiday schedule and pay rules | Holiday calendar and any make-up workday arrangement |
| Annual paid leave | Statutory entitlement depends on cumulative working years | Service evidence, carry-over and unused-leave pay |
| Sick leave / medical treatment period | Medical documentation and employee-specific protections | Local sick-pay rules, treatment-period length and wage base |
| Maternity, paternity and parental leave | National maternity baseline plus local extensions or family leave | Local eligibility, duration, allowances and employer funding |
| Marriage / bereavement / eldercare | Not one uniform nationwide number for all leave categories | Provincial policy and any applicable workplace agreement |
| Work-injury leave | Applicable work-injury insurance and suspension-with-pay rules | Recognition, treatment and statutory payment process |
The principal leave categories are:
- Statutory public holidays
- Paid annual leave
- Sick leave
- Medical treatment period
- Maternity leave
- Paternity leave
- Parental or childcare leave
- Eldercare leave where locally available
- Marriage leave
- Bereavement leave
- Work-injury leave
- Company-provided leave
- Unpaid personal leave
For the complete legal framework behind these categories, see HROne’s China statutory leave laws guide.
Statutory Public Holidays
Employees are entitled to China’s statutory public holidays. These days are separate from annual leave and should not be deducted from an employee’s annual leave balance.
The State Council publishes the holiday arrangement for each year. The calendar may include adjusted working days, when a Saturday or Sunday becomes an official workday to create a longer holiday period.
Employers must distinguish between:
- A statutory public holiday
- A normal weekly rest day
- An adjusted working day
- A company-provided closure day
These dates may appear to form one holiday period, but their payroll and overtime treatment can differ.
Employers should use the official China public holiday calendar for 2026 and replace it with the new State Council notice each year.
Paid Annual Leave
Employees who have worked continuously for at least one year are generally entitled to statutory paid annual leave. Entitlement is based on cumulative working history, not only service with the current employer.
The standard national entitlement is:
- 5 working days for at least 1 but less than 10 cumulative working years
- 10 working days for at least 10 but less than 20 cumulative working years
- 15 working days for 20 or more cumulative working years
Public holidays and weekly rest days are not counted as annual leave.
Employers should collect reasonable evidence of prior employment when determining entitlement. Suitable evidence may include prior employment records, social insurance history, or other reliable documentation.
The official government annual leave guidance also identifies circumstances that may affect an employee’s entitlement in a particular year.
Annual Leave Controls for Employers
HR should define:
- When employees become eligible
- How new-hire and departing-employee leave is prorated
- How cumulative working years are verified
- How leave requests are approved
- Whether statutory leave can be carried forward
- How company-provided leave is distinguished
- How unused statutory leave is handled
- How leave appears in final payroll
Employers should not simply cancel unused statutory annual leave at year-end without checking the applicable payment and scheduling rules.
For detailed calculations, see the annual leave in China guide.
Sick Leave
Sick leave applies when an employee cannot work because of illness or a non-work-related injury.
The employer may require appropriate medical documentation, subject to local rules and a reasonable internal policy. The policy should identify acceptable medical institutions, submission deadlines, and the process for emergency situations.
Sick leave should not automatically be treated as unpaid leave or unauthorized absence.
Payroll treatment may depend on:
- The employee’s work location
- Length of service
- Salary
- Local sick-pay requirements
- Duration of the absence
- Employment-contract terms
- The employer’s lawful policy
The employer should protect medical information and limit access to people who need it for leave, payroll, or employment administration.
Employers with staff in Shanghai should note that the original Shanghai Notice on Strengthening Management of Employee Sick Leave (Hu Lao Bao Fa [1995] No. 83) was confirmed by Shanghai HRSS on August 19, 2026 to have expired on August 15, 2026. Historical service-based percentages in materials issued before that date must not automatically be treated as binding current law. Confirm the applicable post-expiry legal basis, wage policy and payroll approach locally before calculating an employee’s sick pay. See our updated guide to Shanghai sick leave pay in 2026 for the current rules and employer implications.
Medical Treatment Period
Longer illness or non-work-related injury may trigger a statutory medical treatment period.
The national framework can provide a protected period ranging from 3 to 24 months, depending on the employee’s cumulative working history and service with the current employer. Local calculation practices must also be checked.
During this period, the employee may receive protection against certain types of termination. A fixed-term contract may also need to be extended in protected circumstances.
HR should track:
- The initial date of absence
- Medical certificates
- Accumulated sick-leave days
- Applicable treatment-period calculation
- Sick pay
- Medical updates
- Return-to-work communication
- Contract-expiration date
- Potential protected status
Do not make a termination decision involving long-term illness without reviewing the employee’s treatment-period status.
HROne’s China sick leave guide explains sick pay, documentation, treatment periods, and employment risks.
Maternity Leave
China provides a national maternity-leave baseline of 98 days for childbirth, including up to 15 days before delivery.
Additional leave can apply for difficult childbirth, multiple births, miscarriage, or under provincial and municipal population policies. Total leave therefore varies by location and circumstances.
The national baseline is established in the Special Provisions on Labor Protection of Female Employees.
Employers should confirm:
- The employee’s work location
- Expected delivery date
- Medical documentation
- National and local leave entitlement
- Maternity insurance participation
- Maternity allowance
- Employer salary obligations
- Additional local birth leave
- Return-to-work date
- Breastfeeding-related protections
Employees who are pregnant, on maternity leave, or within the applicable breastfeeding period may have special protection against certain termination grounds.
Review HROne’s maternity leave rules before confirming the entitlement or payroll treatment.
Paternity, Parental, and Childcare Leave
Paternity leave and other childcare-related entitlements are largely governed by provincial or municipal rules.
Depending on location, employees may qualify for:
- Paternity or nursing leave
- Parental leave
- Childcare leave
- Additional birth-related leave
- Leave connected to family-planning rules
The number of days, pay treatment, child-age limit, eligible parent, and required documents can vary.
Avoid stating one national entitlement in the employee handbook. The policy should explain that the applicable benefit will be determined by the employee’s work location and current local rules.
Eldercare Leave
Some locations provide leave connected to caring for elderly parents, particularly where an employee is an only child or where a parent meets specified age or medical conditions.
This is not a uniform national entitlement.
Before approving eldercare leave, verify:
- Whether the employee’s location provides it
- Covered family relationships
- Age or medical conditions
- Required supporting documents
- Duration
- Paid or unpaid treatment
- Whether the leave can be split
If the company voluntarily provides eldercare leave beyond local requirements, label the additional benefit as company-provided leave.
Marriage Leave
Marriage leave is commonly provided when an employee legally registers a marriage.
The precise duration and conditions depend on the employee’s location and applicable rules. For example, Shanghai HRSS’s September 2026 explanation describes one to three days of marriage leave plus seven additional municipal days, with rules on statutory holidays, rest days and wage calculation. This is a Shanghai illustration, not a nationwide ten-day entitlement. HR should not assume that the same entitlement applies throughout China.
The policy should state:
- Who qualifies
- Required marriage-registration evidence
- When the leave must be used
- Whether it can be divided
- Whether it includes rest days
- How it is paid
- Whether additional company leave is available
China’s Labour Law provides for wage payment during marriage leave taken in accordance with law. The official English text is available through the Supreme People’s Court.
Bereavement Leave
Bereavement or funeral leave may be available when an eligible family member dies. As one local example, Shanghai HRSS guidance allows one to three days for the death of a parent, spouse or child, and may permit the same for a parent-in-law when attendance is required; additional reasonable travel leave may be approved. Do not apply the Shanghai categories, duration or payment rules automatically to other provinces. Duration and covered relationships should be checked against applicable rules and company policy.
The handbook should define:
- Covered family members
- Standard leave duration
- Required evidence
- Whether reasonable travel time is available
- How urgent applications are handled
- Pay treatment
- Additional compassionate leave
Employers should apply documentation requirements sensitively and consistently. Excessive demands immediately following a family death can damage employee relations.
Work-Injury Leave
A possible work-related injury or occupational disease should not be treated as ordinary sick leave before the facts are reviewed.
The employer may need to initiate or support a work-injury recognition process and coordinate with the social insurance authority.
HR should:
- Record the incident immediately
- Preserve relevant evidence
- Review reporting deadlines
- Coordinate medical treatment
- Determine whether work-injury recognition is required
- Track the applicable suspension-of-work treatment period
- Apply the correct pay and benefit treatment
- Prepare for a return-to-work or capacity assessment
Work-injury cases can create special employment protections. Obtain advice before changing or terminating the employee’s position.
Company-Provided Leave
Employers may provide leave beyond statutory requirements, including:
- Additional annual leave
- Birthday leave
- Wellness leave
- Study leave
- Paid personal leave
- Family-care leave
- Volunteer leave
- Additional compassionate leave
The policy should clearly separate company leave from statutory leave.
State whether the additional leave:
- Is paid or unpaid
- Requires manager approval
- Can be carried forward
- Expires at year-end
- Is paid upon termination
- Is prorated for new hires
- Can be changed by the company
- Runs at the same time as statutory leave
Unclear voluntary benefits can become contractual or policy disputes.
Unpaid Personal Leave
Unpaid leave is generally handled through the employer’s policy and individual approval process unless another statutory category applies.
Before approving it, document:
- The reason
- Start and end dates
- Payroll deduction
- Social insurance treatment
- Housing fund treatment
- Effect on bonuses or allowances
- Employee availability
- Return-to-work date
Do not classify statutory sick, maternity, or work-injury leave as unpaid personal leave simply because it is administratively easier.
Leave and Payroll Must Be Reconciled
Every leave type should have its own payroll or attendance code.
Before processing payroll, confirm:
- Whether the leave is statutory or company-provided
- Whether it is paid, partly paid, reimbursed, or unpaid
- Whether local rules apply
- Whether public holidays fall within the absence
- Whether an allowance is paid by social insurance
- Whether overtime or adjusted working days are involved
- Whether the employee has protected status
- Whether supporting documents are complete
HROne’s China payroll guide explains how leave, attendance, deductions, and statutory contributions fit into monthly payroll.
Companies with limited local capacity can use China payroll outsourcing to coordinate leave records, salary calculations, IIT, statutory benefits, payslips, and final payroll.
Build Leave Rules Into the Employee Handbook
A China leave policy should explain both entitlement and procedure.
Include:
- Available leave categories
- Eligibility
- Application deadlines
- Approval authority
- Emergency requests
- Required documents
- Pay treatment
- Local-rule application
- Carryover and expiration
- Unused-leave treatment
- Employee responsibilities
- Consequences of fraudulent documentation
- Protected-status escalation
Policies affecting employee interests should be introduced through the appropriate consultation, communication, and acknowledgment process.
Use the China employee handbook guide to structure the policy.
During onboarding, collect prior work-history evidence, explain the leave process, and obtain the employee’s handbook acknowledgment. The China employee onboarding guide provides a practical workflow.
Protected Leave and Termination
Some employees on leave receive enhanced protection against certain termination grounds.
Protected circumstances can include:
- A prescribed medical treatment period
- Pregnancy
- Maternity leave
- Breastfeeding
- Qualifying work injury or occupational disease
Articles 42 and 45 of the Labor Contract Law address restrictions on certain terminations and the extension of fixed-term contracts during protected circumstances.
Leave approval does not always prevent every lawful termination. However, employers should review the legal basis, employee status, evidence, procedure, and local rules before acting.
Employer Leave Checklist
Before approving or calculating leave, ask:
- What leave category applies?
- Is the rule national, local, or company-provided?
- Is the employee eligible?
- What documents are required?
- How should the leave be paid?
- Are public holidays or rest days included?
- Does the leave affect payroll or social insurance?
- Is the employee in protected status?
- Is the decision consistent with the handbook?
- Have HR, the manager, and payroll recorded the same information?
Manage Employee Leave Consistently
The safest approach is to keep every leave category separate.
Public holidays are not annual leave. Sick leave is not work-injury leave. Maternity benefits cannot be calculated accurately without checking local rules. Company-provided leave should not be mixed with statutory entitlements.
A localized policy, written approvals, reliable documentation, and monthly payroll reconciliation help employers prevent wage disputes and inconsistent treatment.
Companies hiring without a local entity can use China EOR services to manage compliant employment, payroll, statutory benefits, and leave administration. Contact HROne for support managing employees in China.
This article provides general information and does not constitute legal or payroll advice. Leave rules can vary by location and individual circumstances. Confirm current national and local requirements before making employment decisions.
Frequently Asked Questions
How much annual leave do employees receive in China?
Eligible employees generally receive 5, 10, or 15 working days based on cumulative working years.
Are public holidays deducted from annual leave?
No. Statutory public holidays and weekly rest days should not be deducted from statutory annual leave.
Is sick leave paid?
Approved sick leave is generally subject to sick-pay rules, but the calculation depends on location, service history, salary, documentation, and company policy.
How long is maternity leave?
The national baseline is 98 days for childbirth. Additional national circumstances and local extensions can increase the total.
Does paternity leave have one national duration?
No. Paternity and other parental or childcare leave generally depend on provincial or municipal rules.
Can an employer terminate an employee while on leave?
It depends on the leave, legal basis, and employee’s status. Medical treatment, pregnancy, maternity, breastfeeding, and work-injury circumstances may restrict certain termination options.
